And for further plea in this behalf the said Defendant says said plaintiff ought not to have & maintain his said action against him because he says that at the time of the making & delivering said Supposed writing obligatory said plaintiff had possession of oneGilbertGilbert a free man claiming him as his slave & fullknowing said GilbertGilbert to be a free man he proposed to sell said GilbertGilbert to said defendant as a slave & said GilbertGilbert to said defendant as a said Defendant could pay